New Mexico Administrative Code

As used in this rule, the following terms have the meanings given here: A. Act means the New Mexico Telecommunications Act, NMSA 1978, 63-9A-1 et seq. B. Certificate of operating authority means a certificate issued by the commission for the provision of local exchange telecommun…

A. No local exchange service shall be offered in this state without a certificate of financial and technical competency and a certificate of operating authority. B. No certificate of operating authority will be issued by the commission unless the commission determines that an app…

All certificates of public convenience and necessity issued by the commission previous to the effective date of this rule shall continue in full force and will have the same force and effect as the certificates of operating authority described herein. Holders of certificates of p…

New Mexico State Corporation Commission [New Mexico Public Regulation Commission].

A. Any person, corporation, municipal corporation, partnership or association proposing to operate as a CAPwithin this state shall first make application to the commission for a certificate of registration. Such application shall conform to the provisions of this rule. B. Any app…

An applicant must furnish information with its application describing in detail the facilities that it will furnish and use to provide the proposed CAPservices. If an applicant plans to use the facilities of an underlying carrier, it must identify such facilities by type and unde…

Applications for certificates of public convenience and necessity to provide intrastate CAPservices within the State of New Mexico still pending as of the effective date of this rule will be deemed applications for certificates of registration to provide such services.

An application for transfer of a certificate shall be approved after a hearing pursuant to a notice of proposed agency action, upon a showing of continued financial and technical competency and the filing, in a format approved by the commission, of the proposed tariff that will b…

Any entity holding a certificate of public convenience and necessity or a certificate of registration for the provision of CAPservices shall immediately notify the commission in writing of any change(s) in circumstances, including, but not limited to, the following: (1) change in…

Any entity holding a certificate of public convenience and necessity or a certificate of registration to provide CAPservices shall do the following prior to discontinuing any service, in order to ensure continued quality of service and to protect consumer interests: A. No later t…

A. Should an entity propose to change any of the rates, charges, terms and conditions contained in its tariff, it must file an original and five copies of the proposed modified tariff, in a format approved by the commission including a brief description of the changes, and their …

The Commission shall set aside a certain day each month to hear a trailing docket which will contain items included in the notice of proposed agency action. The notice of proposed agency action shall be issued at least thirty days prior to the hearing. The commission's chief cler…

If any Section of this rule, or the applicability of any Section to any person, telecommunications provider, CAPor circumstance, is for any reason held invalid by a court, the remainder of the rule, or the applicability of such provisions to other persons, telecommunications prov…

This rule applies to all competitive access providers of intrastate telecommunications services within the State of New Mexico.

Authority for this rule derives from Article 11 of the New Mexico Constitution and the federal Telecommunications Act of 1996.

Permanent.

This rule shall take effect November 15, 1996.

The objectives of this rule are to impose requirements, on a competitively neutral basis, necessary to ensure the continued quality of telecommunications services and to safeguard consumer and public interests.

As used in this rule, the following terms have the meanings given here: A. Act means the New Mexico Telecommunications Act, NMSA 1978, 63-9A-1 et seq. B. Certificate of registration means a certificate of registration issued by the commission for the provision of competitive acce…

A. No telecommunications service shall be offered in this state except in accordance with the provisions of this rule. B. No CAPservices shall be offered in this state without the provider thereof first having obtained a certificate of registration to provide such services from t…

All certificates of public convenience and necessity issued by the commission previous to the effective date of this rule shall continue in full force and will have the same force and effect as the certificates of registration described herein. Holders of certificates of public c…

The State Corporation Commission of New Mexico [New Mexico Public Regulation Commission].

A. WHEREAS, Article XI, Section 16, of the Constitution of the State of New Mexico provides: "All telephone and telegraph lines, operated for hire, shall receive and transmit each other's messages without delay or discrimination, and make and maintain connections with each other'…

New Mexico State Corporation Commission ("Commission") [New Mexico Public Regulation Commission], Telecommunications Department, Post Office Box 1269, Santa Fe, New Mexico, 87504-1269.

This rule applies to all Commission-regulated entities providing intrastate telecommunications services to schools and libraries in the State of New Mexico.

Authority for this rule derives from Article 11 of the New Mexico Constitution.

Permanent.

July 1, 1997 unless a later date is cited at the end of a section or paragraph.

The objective of this rule is to implement discounts for schools and libraries for intrastate telecommunications services consistent with those rules and definitions adopted by the United States Federal Communications Commission ("FCC").

[Reserved]

With respect to intrastate telecommunication services, determined by the FCC to be within the definition of universal service, the discount for eligible schools and libraries shall be equal to the discount the FCC sets with respect to interstate service.

New Mexico Public Regulation Commission ("Commission") [New Mexico Public Regulation Commission], 224 East Palace Avenue, Santa Fe, New Mexico 87501.

A. Customer authorization of any charge or change in provider on the customer's telephone bill shall not be valid unless: (1) such authorization is contained in a letter of agency separate from any sales or solicitation material and which contains, in clear and conspicuous langua…

A. Any charge or change in provider shall be indicated on the customer's telephone bill in clear and conspicuous language and easily legible type. B. Any person that places or causes a charge to be placed on a customer's telephone bill, and any person that changes or causes a cus…

A. A customer may contact his or her local exchange company, authorized provider, or the unauthorized provider to report an unauthorized charge or change of provider. Any provider contacted by a customer concerning a disputed charge or change in provider shall notify the local ex…

A. After receipt of notification by a customer or the Commission Staff of a disputed charge or change in provider listed on a customer's bill, no provider, billing agent or local exchange company may require the customer to pay any portion of a disputed charge or any charge or fe…

A. All providers shall approve all sales scripts and written materials used by its sellers, including contract sellers. B. Any seller that attempts to persuade a customer to purchase telecommunications services or change his provider shall make adequate inquiry to reasonably ensu…

The Commission finds that slamming and cramming practices present an immediate threat to the general welfare of the public and that it is necessary and proper to adopt these rules on an emergency basis as provided by section 8-8-15(C) of the Public Regulation Commission Act, 1978…

This rule applies to every provider or seller of telecommunications services, billing aggregator, and billing agent which is subject to the jurisdiction of the Public Regulation Commission as provided by state or federal law, including all employees, officers, affiliates, and age…

The New Mexico Slamming and Cramming Act, Laws 1999 Ch. 138, the New Mexico Constitution, art. II, 2, the New Mexico Public Regulation Act, NMSA 1978 sections 8-8-4, and 8-8-15(C), NMSA 1978 section 63-7-1.1(A)(2), the New Mexico Telephone and Telegraph Company Certification Act,…

Temporary, until permanent rules are adopted pursuant to NMSA 1978 section 8-8-15(B).